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1. Latest Highlights
    - Case Highlights
    - ILR Issue 8 of 2015
2. Media Info



AWARD NO. 581 TAHUN 2015 [NO. KES: 16/4-823/14]
13 MEI 2015

PEMBUANGAN KERJA: Notis penamatan - Penamatan kerja secara paksa - Sama ada YM telah dipaksa meletak jawatan - Keterangan yang dikemukakan - Kesannya - Tiada perhubungan secara formal antara YM dengan syarikat berkenaan pengesahan jawatannya - Kesannya - Sama ada dakwaan beliau boleh diterima - Sama ada YM telah dibuang kerja

PEMBUANGAN KERJA: Notis penamatan - Penamatan kerja secara paksa - YM meletak jawatan tetapi menarik balik surat perletakan jawatannya - Dalam keadaan mana ianya boleh diterima - Prinsip undang-undang - Kesannya

PEMBUANGAN KERJA: Notis penamatan - Penamatan kerja secara paksa - YM meletak jawatan tetapi menarik balik surat perletakan jawatannya - Syarikat menerima perletakan jawatan beliau setelah ianya ditarik balik oleh beliau - Kesannya - Sama ada tindakan syarikat tersebut merupakan suatu pembuangan kerja - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada YM telah dibuang kerja

AWARD NO. 640 OF 2015 [CASE NO: 4(7)(4)/4-589/13]
25 MAY 2015

CONTRACT OF EMPLOYMENT: Terms and conditions - No clause on the need to furnish proof of qualifications - Whether there had been a need for one - What clauses contracts of employment generally contain - When is there a requirement to show proof of qualifications - No evidence of whether an advertisement had been put up for the post or what had transpired in the job interview in relation to it - Effect of - Whether the claimant had known that he had obtained the job based on his representation that he had been a lawyer

DISMISSAL: Misconduct - Misrepresentation - Whether the claimant had misrepresented himself as a lawyer with experience in practice - Evidence adduced - Effect of - Whether the company had relied on his misrepresentation to give him the post - Requirements of the post - Factors to consider - Effect of - What the claimant should have done - Whether the misconduct had been established against him - Whether it had constituted a breach of the fiduciary relationship between an employer and employee - Whether the company had been reasonable in dismissing him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Notice of termination - Claimant summarily dismissed - Reasons for the same - Whether he had been aware of the reasons for his dismissal - Claimant failing to write to the company and seek an explanation - What that had reflected - His justification for the same - Whether could be accepted - Whether dismissal without just cause and excuse

EVIDENCE: Documentary evidence - SMS communications between COW2 and the claimant - Whether it had evidentiary value - SMSes not being objected to by the claimant at the commencement of the hearing - Effect of

  LATEST CASES (ILR Issue 8 of 2015)
Award Parties Citation Links
  Minister Of Human Resources, Malaysia v. Diamet Klang (Malaysia) Sdn Bhd & Another Appeal [Civil Appeals No: W-01-452-2011 & W-01-454-2011] [2015] 3 ILR 213 cljlaw
  Rokiah Mhd Noor v. Menteri Perdagangan Dalam Negeri, Koperasi & Kepenggunaan Malaysia & Ors And Another Case [Judicial Reviews No: R2-25-36-02-2013 & R2-25-97-05-2013] [2015] 3 ILR 232 cljlaw
  Suruhanjaya Perkhidmatan Awam v. Hjh Marina Hj Mustafa [Civil Appeal No: M-01-502-2011] [2015] 3 ILR 261 cljlaw
524/2015 Roshidah Kamisan v. Saatchi & Saatchi Worldwide Sdn Bhd [Case No: 19/4-659/13] [2015] 3 ILR 270 cljlaw
581/2015 Ab Halim Mohamed lwn. Perusahaan Otomobil Nasional Sdn Bhd [No. Kes: 16/4-823/14] [2015] 3 ILR 286 cljlaw
607/2015 Jasman Saidin v. Hotel Istana [Case No: 22/4-586/13] [2015] 3 ILR 299 cljlaw
634/2015 Fong Swee Seong lwn. Wing-M Chemical Sdn Bhd [No. Kes: 10/4-962/13] [2015] 3 ILR 311 cljlaw
640/2015 Azman Idrus v. SGA Services (M) Sdn Bhd [Case No: 4(7)(4)/4-589/13] [2015] 3 ILR 328 cljlaw
641/2015 Hon Wai Yee v. Chung Shan Sdn Bhd [No. Kes: 10/4-916/13] [2015] 3 ILR 351 cljlaw
649/2015 Kesatuan Pekerja-Pekerja Perdagangan Sabah v. LF Asia Sebor (Sabah) Sdn Bhd And LF Asia Sebor (Sabah) Holdings Sdn Bhd [Case No: 17/1-338/14] [2015] 3 ILR 362 cljlaw
657/2015 Audrey Yeoh Peng Hoon v. Financial Mediation Bureau [Case No: 11/4-791/13] [2015] 3 ILR 371 cljlaw
662/2015 Saravanan Tanimalai v. A W Faber-Castell (M) Sdn Bhd [Case No: 4/4-630/13] [2015] 3 ILR 384 cljlaw
714/2015 Thivia Malar Anthony Samy v. Tactics Asia Sdn Bhd [Case No: 4(22)(4)/4-1874/12] [2015] 3 ILR 408 cljlaw
  To Subject Index
Making an impression (The Star, Malaysia)

Everyone knows that first impressions are important. This is especially true at a new job where you're meeting so many people for the first time, and most important of all, your new boss.

1. Don't get in the way

New employees tend to be so overwhelmed that they ask too many questions of their boss and don't understand when they're starting to be a drain on team productivity.

Business/Management Skills
Business office premises (New Straits Times, Malaysia)

Choosing new business premises isn't always straight forward, and professional advice should be sought to ensure you get the right office space to suit your needs. If you are looking for new office premises or are thinking about starting a business, then you need to consider future expansion plans, security or whether the electrical wiring is adequate for TVs, computers, fax machines and telephone systems.

Human Resource
Aug 31 deadline for firms to register workers with Socso (The Star, Malaysia)

Employers who have yet to register their workers with Socso have until the end of the month to do so or risk getting compounded. Socso chief executive officer Datuk Dr Mohammad Azman Aziz Mohammed said that from Sept 1 onwards, they would begin Ops Kesan to track and issue compound to errant employers.

Strategic thinking skills for organisations (New Straits Times, Malaysia)

Strategic thinking employs thinking tools to enable organisations to move from what they are to what they could be in the future. Strategic thinking requires the ability to analyse the overall organisation and the industry. In our consulting engagement with clients to undertake strategic direction setting, our company has developed the B.A.C.H.A. analysis to help CEOs and managers translate strategic thinking into tangible strategic action plan.

How to create a great resume (New Straits Times, Malaysia)

Imagine you asked a company for their brochure and they gave you a list of projects they have done in the past, and that's it. Odds are you would not end up using that company - because they are not talking about what they can do for you. Why should your resume be any different?

Working Smart
Balancing act for working women (New Straits Times, Malaysia)

Looking after your home and job at the same time is quite a harrowing experience. Today, women are both homemakers as well as career-oriented, but it is not an easy task to strike a balance.

View Other Media Info...

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